Given the considerable advances in the field of biotechnology in the last decades, new issues of scientific, social, legal and ethical nature have been raised, particularly concerning inventions making use of living material, and their patentability. / Notwithstanding some reluctance at the outset, most of patent offices as well as courts and tribunals in the United States, Canada and Europe have finally accepted patentability of living organisms. Oppositions are however numerous and, more than a criticism towards the patent system itself, it is genetic engineering that is put into question. / Europe has recently regulated the legal protection of biotechnological inventions. Being a text of compromise, the Directive is already subject of controversies. The United States and Canada have not yet decided to explicitly legislate in this field. Some decisions taken in particular cases allow to determine the state of the question in these two countries. It is however not certain that they can be satisfied with an unregulated technology that raises so many moral questions. / The question of the foremost importance concerns the research branch, as well as the use that will be done with inventions emerging from the biotechnology industry. Patent law being unable to prevent technological creations, it is above all the utilisation of it that will allow to retain the most beneficial inventions for humankind and its environment.

Thesis (LL. M.)--University of Toronto, 2005. / Includes bibliographical references (leaves 89-94).

Thesis (Ph. D.)--University of Missouri-Columbia, 2007. / Includes bibliographical references (leaves 180-185). Also available online.

Thesis--New York University. / Without thesis statement. Includes bibliographical references (p. 153-161) and index.

Thesis (M.Phil.) - University of Queensland, 2003. / Includes bibliography.

Thesis--New York University. / Without thesis statement. Includes bibliographical references (p. 153-161) and index.

No description available.

The relationship between patent protection, incentives to innovate, the generation of innovations, and the accrual of benefits from innovation was investigated. The study was based on an analysis of research and development, patenting, productivity and output data for Italy. In 1979, Italy made significant changes in its patent law to conform with European Economic Community standards. Previously, the Italian law had provided weak protection of intellectual property, which includes product or process innovations, publications, and art. Economic theory predicts that, under certain conditions, such a change should increase the amount of resources devoted to innovation. Furthermore, an increase in successful innovative activity is expected to lead to increases in the growth of per capita gross domestic product. / Master of Arts

University of Macau / Faculty of Law

In 1994, the members of the World Trade Organisation (WTO) adopted the Agreement on Trade-Related Aspects of Intellectual Property (the "TRIPs Agreement") and thus committed themselves to respect certain standards for intellectual property protection. This thesis studies the scope of the standards for patent protection and their impact upon trade in medicines. The first part addresses the international dimension of the issue and explains how international trade in medicines can contribute to enhancing the level of global welfare. The first chapter argues that in order to fulfil this latter objective legislation relating to patents must be adapted to the economic and social situation of countries. The second chapter demonstrates that such adaptation is not only allowed, but is indeed encouraged by the provisions of the TRIPS Agreement. The second part of this thesis addresses the issue from a Canadian perspective, and discusses the way Canadian patent provisions applying to pharmaceuticals should be drafted so as to allow Canada to participate in---and to benefit from---international trade in medicines. Thus, I first analyse the factual, political, and legislative factors that influence the Canadian pharmaceutical industry. I then study the role of Canada as part of the integrated market for medicines, as well as the social, industrial and economic objectives underlying Canadian policies. I finally propose some modifications and adaptations to the Canadian Patent Act and suggest some orientations for future multilateral negotiations.